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Council Housing Enforcement Policy

Housing management enforcement policy, aim and background

1. Housing Management Enforcement Policy

2. Aim of Housing Management enforcement

2.1 This policy applies to all enforcement activities taken by the Housing Service for breach of tenancy, including rent arrear and anti-social behaviour actions.

2.2 This policy should be read in conjunction with any service specific and corporate policies and procedures as well as national guidance on enforcement issues.

2.3 The council manage its tenancies through prevention, intervention, and enforcement. Where necessary enforcement will be used when other prevention and intervention methods have been unsuccessful. 

2.4 All officers will follow this enforcement policy as far as reasonably practicable. Any departure from the policy, for example to deal with situations of urgency or imminent risk, must be justifiable and be approved by the appropriate line manager when practicable, which may be after the event. 

2.5 Staff will be trained to effectively identify and manage breach of tenancy appropriately. 

2.6 All available and appropriate legal powers will be used in a reasonable and proportionate manner to effectively deal with any given tenancy breach. 

2.7 This policy applies to all properties operated within the Housing Revenue Account (HRA), and all non-HRA domestic residential property held by the General Fund, leased or licensed by the council to a tenant or provider.

3. Background

3.1 The Tenancy Management Policy, Rent Arrears Policy, Anti-Social Behaviour Policy and Procedure and compliance policies set out Wiltshire Council's approach.

3.2 Proportionate consistent and targeted enforcement action will be used when other prevention and intervention methods have been unsuccessful. 

3.3 The principal legislation applicable to this policy is: 

• The Housing Act 1985, 1988, 1996 and 2004
• ASB Crime and Policing Act 2014. 

3.4 The principal guidance applicable to this policy is: Anti-social behaviour powers: Statutory guidance for frontline professionals. 

3.5 Additional legislation that Wiltshire Council operates within is as follows: 

• The Crime and Disorder Act 1998. 
• Data Protection Act 2018.

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